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Dispute Resolution

Dispute Resolution Solicitors

In its most simple form, dispute resolution is the term used for individuals or companies to resolve disputes between them.

Whether you are seeking to raise a dispute with another person or company, or someone has raised a dispute with you, our team will assist you with the best approach to take.

How we help

Our advice is always pragmatic giving consideration to the legal position of the parties and the costs that will be incurred. We seek to find ways of resolving issues without the parties incurring unnecessary expense and time but where necessary, we will use the legal processes available to pursue or defend a matter.

The types of dispute resolution are:

• Negotiation – This is the most basic form of dispute resolution and involves the parties of a dispute reaching an amicable conclusion to their issue, with a written agreement often being put in place to record the intention of the parties and their obligations.

• Mediation – Mediation is a legal procedure and is more formal than a Negotiation. A Mediation will involve the use of a trained mediator to assist the parties in identifying and narrowing the issues between them with a view to finding some common ground and ultimately a resolution to the dispute without the need of a more formal process being adopted. Although more informal than Arbitration, there are procedures to adhere to and we will guide you through the Mediation process from commencement through to conclusion. An important aspect of Mediation is that the parties must agree to the settlement between them although the Mediator and ourselves will assist in securing those terms. This means that even though parties have agreed to submit a dispute to Mediation, they are not obliged to continue with the Mediation process after the first meeting. In this sense, the parties remain always in control of a Mediation.

• Arbitration – Arbitration is a formal procedure where disputes are resolved. Often, contracts force the parties into Arbitration as a means to resolve disputes. One of the main differences between Mediation and Arbitration is that Arbitration is binding on the parties which means they must comply with the terms of any agreement reached and the outcome of the Arbitration being confidential. With an Arbitration, there will be a decision-maker who will take on board the evidence and the information supplied by the parties. We understand the formality of the processes and will direct you on the steps that must be taken to ensure an Arbitration is successful. The decision by an Arbitrator is enforceable by the parties.

• Litigation – Litigation is a formal court process and involves the issue of court proceedings. The ultimate conclusion to litigation is a formal court hearing where the parties will submit their evidence including written and oral to a judge who will make a final decision on the outcome of the matter. Litigation can become very expensive and time-consuming and the courts apply rules to the progress and management of all matters associated with the case. Litigation can therefore become complicated and failure to comply with the rules could result in your losing your claim without having the issue heard. It is for this reason that it is always advisable to instruct an experienced litigation solicitor to represent you and steer you through the litigation process and take all necessary action on your behalf. In many cases, trials can be avoided through ongoing discussions and negotiations between the parties and their legal advisors.

If you are a party to a dispute and require the guidance of an expert dispute resolution solicitor, we are ready to assist you.

Get in touch

To speak with a member of our Dispute Resolution team, please call us on 020 8446 9555, email us at info@pittalis.co.uk or make an online enquiry here and we will call you back.